(A) If, upon completion of the hearing and consideration of the record, the court finds upon clear and convincing evidence that the person is mentally ill, needs involuntary treatment and because of his condition:
(1) lacks sufficient insight or capacity to make responsible decisions with respect to his treatment; or
(2) there is a likelihood of serious harm to himself or others, the court shall order in-patient or out-patient treatment at a mental health facility, public or private, designated by the Department of Mental Health and may order out-patient treatment following in-patient treatment. If the court finds that the person is not mentally ill and not in need of involuntary treatment, the court shall dismiss the proceedings.
(B) If the court orders out-patient treatment and the respondent fails to adhere to the prescribed out-patient treatment order or program, the treatment facility shall report the failure to the court and the court upon notice to the respondent and his counsel shall order a supplemental hearing and may further order in-patient treatment in a designated facility as needed. The probate court issuing the order for out-patient treatment shall maintain jurisdiction over the person for the purpose of supplemental proceedings as set forth in this chapter and every order issued pursuant to this subsection must be so conditioned. An order for in-patient treatment at a mental health facility does not raise a presumption of incompetency and no rights may be denied a person unless specifically ordered by the court.
HISTORY: 1962 Code Section 32-966; 1952 Code Section 32-961; 1942 Code Section 6229; 1932 Code Section 6229; Civ. C. '22 Section 5082; Civ. C. '12 Sections 3358, 3359; Civ. C. '02 Sections 2251, 2252; 1894 (21) 825; 1920 (31) 704; 1924 (33) 1081; 1931 (37) 239; 1932 (37) 1471; 1935 (39) 85; 1952 (47) 2042; 1954 (48) 1732; 1974 (58) 2642; 1977 Act No. 99 Section 11; 2000 Act No. 253, Section 8; 2005 Act No. 120, Section 4, eff June 3, 2005.
Structure South Carolina Code of Laws
Chapter 17 - Care And Commitment Of Mentally Ill Persons
Section 44-17-310. Voluntary admission.
Section 44-17-320. Discharge of voluntary patient by superintendent.
Section 44-17-330. Discharge at request of patient or another person.
Section 44-17-340. Written notice of right to release.
Section 44-17-415. Physical examination report to accompany certification for emergency admission.
Section 44-17-420. Notice of hearing.
Section 44-17-450. Preadmission screening and evaluation in psychiatric emergencies.
Section 44-17-460. Examinations prior to emergency admissions to psychiatric facilities.
Section 44-17-510. Petition for judicial commitment; certificate of designated examiner.
Section 44-17-520. Notice of petition and right to counsel.
Section 44-17-530. Appointment of counsel; examination and record.
Section 44-17-540. Hearing to be held if examiners find mental illness.
Section 44-17-550. Notice of hearing and rights.
Section 44-17-560. Removal of proceedings to another county.
Section 44-17-570. Conduct of hearing.
Section 44-17-580. Hospitalization of person if court finds mental illness and other conditions.
Section 44-17-600. No admission based on order more than thirty days after it has been rendered.
Section 44-17-610. Commitment to private, county, Veterans' Administration, or other hospital.
Section 44-17-630. Right to reexamination; notice.
Section 44-17-640. Admission to agency of the United States; jurisdiction retained.
Section 44-17-810. Release or discharge upon own recognizance.
Section 44-17-860. Unlawful taking of person from mental health facility without permission.
Section 44-17-890. Discharge or leave of absence during judicial proceeding.
Section 44-17-900. Officials not liable for release or discharge of patient.